Constitutional Law

Bolling v. Sharpe

DC school segregation case, reverse incorporated the 14th amendment's equal protection clause into the Due Process Clause of the 5th Amendment because it did not make sense for equal protection to apply to states and not the federal government.

Rational Basis

Legitimate purpose and rationally related means

Plessy v. Ferguson

13th and 14th Amendment challenge to a LA statute requiring black and white passengers to ride in separate cars. Enforced separate but equal and upheld the state's exercise of police power. State decides about segregation.

Sweatt v. Painter

Sweatt was denied admittance to Texas Law School because of his race. SC ruled that the school had to let him in because the separate facility was not close to equal in tangible and intangible benefits. First question of Plessy but did not overturn.

Brown v. Board of Education

14th Amendment argument declaring segregated public schools as unconstitutional and overruling "separate but equal". Implicitly but did not explicitly overrule Plessy or confront Jim Crow which raised legal questions about decision.

What did Brown hold that "separate but equal" violates?

14th Amendment Equal Protection Clause

How did states try to circumvent Brown I?

States enacted laws that encoded segregation (ex. closing schools)

What did Brown II do?

Enforcement mechanism of Brown I, mandating states pursue school integration with all deliberate speed.

Where does the Supreme Court get their power from?

Article V of the Constitution

What happens when a statute and the Constitution conflict?

Constitution supercedes (Marbury v. Madison)

What case held that states are required to yield to binding precedent?

Cooper v. Aaron (Little Rock)

Strict Scrutiny

Need a compelling state interest with the most narrowly tailored means

Intermediate Scrutiny

important purpose and substantially related remedy

Where is the equal protection clause in the constitution?

14th amendment section 1

Where is the Due Process Clause in the Constitution?

14 for states, 5th for federal government

Marbury v. Madison

Conflict with Article III and Judiciary Act of 1789. Declared Constitutional supremacy, and established judicial review.

What is judicial review?

The Supreme Court's authority to decide if a law violates the Constitution, and when two laws conflict, what should prevail.

Cooper v. Aaron

Governor and Legislature of Arkansas operating as if not bound by Brown, planning to continue segregation after all challenges to decision. Court held to original decree and say all state legislators and judicial officers are bound by a duty to support constitution, including the interpretations of it.

Why is the Supreme Court countermajoritarian?

It is designed to hold the other branches of government accountable and ensure states are complying with the Constitution.

What happens everytime the Court strikes down legislation that has been passed?

The Court's legitimacy is on the line, and they must provide a good reason for striking it down.

When can the Court invalidate a law that has been passed by the democratically elected legislature?

The court can decides when a statute conflicts with the Constitution, and the constitution wins each time (Marbury).

They have final authority to interpret the Constitution, so state officials are constitutionally required to comply with SCOTUS decisions (Little Rock).

What is federalism?

Balance between state and federal powers.

Who gets bill of rights powers?

Bill of Rights reserves all powers not delegated to federal government to the states.

Why does "No State Shall" exist? and Where?

It is in the 14th amendment, and after the civil war, concerns about the states having too much power led to this check.

How did Plessy relate to Clark doll studies in Brown?

Court argued in Plessy that badge of inferiority came from how people interpreted separation not from the law, and said it was enforcing legal equality, not social.

What are the Clark doll studies?

Used in Brown to show that segregation creates feelings of inferiorty for black children.

When should you cite Bolling?

If you see a federal action, to show how the federal government was bound to the equal protection clause at first.

What are the two due process clauses and to whom do they apply?

5th amendment to the federal government and 14th to the states.

What case started reverse incorporation of equal protection?

Bolling v. Sharpe

What is incorporation?

The principle that rights limiting the federal government (BoR), are incorporated to the states through teh 14th amendment due process clause

Which amendments does incorporation make applicable to states?

The first 10

Where is equal protection housed?

1. 14th amendment section 1

What are the elements of an Equal Protection Claim?

1. 14th Amendment Section 1

2. State Action

3. Suspect Class

4. Facially Discriminatory/Neutral

5. Level of Scrutiny Applied

If there is no state action can you have an EPC?

No

If you have a state action but no suspect class what do you do?

Apply rational basis

If the first two elements of EPC are satisfied and the statute is facially discriminatory what do you do?

Apply heightened scrutiny (strict or intermediate depending on the classification)

What question do you ask next if it is a facially netural statute?

Is there invidious intent?

What do you do if a statute has invidious intent and all other EPC claims are met?

If there is disparate impact, apply heightened scrutiny. If there is no disparate impact, apply rational basis.

What do you do if all elements are met but a statute does not have invidious intent?

You can argue Yick Wo level impact to apply heightened scrutiny, to show there is an impact so disparate that it indicates invidious intent. Or you can say no Yick Wo level disparate impact, and apply rational basis.

What did the Civil Rights Cases stand for?

Civil Rights Cases indicate that there must be a state action in order for there to be a viable equal protection claim. Private discrimination is unreachable.

If the actor in state action is a private business what do you do?

Can argue: Marsh v. Alabama, Shelley v. Kraemer, Burton v. Wilimington Parking Authority, Moose Lodge

Marsh v. Alabama

Involved a privately owned and operated company town prohibiting religious leafleting in town streets. Held that the more a private actor functions like a public actor the more likely it is to be treated as a state action for the purposes of EPC. Invented the public function doctrine.

Shelley v. Kraemer

Judicial enforcement of a racially restrictive covenant satisfies the prong of state action.

Burton v. Wilmington Parking Authority

The court held privately-owned restaurant's exclusion of a black person constituted discriminatory state action, because it was created and leased by state authority. When a state is a joint participant in the operation of a private actor, state action is satisfied.

Moose Lodge v. Irvis

Private dining club denied service to Black guests, plaintiff argued the liquor license was a state action. A mere state benefit or state service is insufficient for state action, the state must be significantly involved for state action to apply.

What are the two questions to ask about suspect classes in equal protection?

1. Is it a suspect class that SCOTUS has recognized?

2. Is it a new suspect class that you can argue should receive a higher level of review?

List the Suspect Classes Recognized by SCOTUS, the case, and the level of scrutiny.

1. Race (Loving v. VA), Strict Scrutiny

2. Sex/Gender (Craig v. Boren). intermediate scrutiny

3. Sexuality/Gender Identity (Romer), rational basis

4. Disabilities (Cleburne), rational basis

5. Poverty/wealth, rational basis

6. Immigration: Immigrants with documentation are entitled to strict scrutiny for state action but rational basis for federal action. However, cases challenging state action targeting undocumented immigrants are reviewed under rational basis.

7. Parentage (Nguyen, Morales- Santana), intermediate scrutiny

8. Age (Skremetti)

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